IN   MEMORY 


OK 


EDWflHi)  wmiiifl|V[  pou. 


PROCEEDINGS  OF  THE   3HR. 


C6 

Cop  5 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


STEPHEN  B.  WEEKS 

CLASS  OF  1886:  PH.D.  THE  JOHNS  HOPKINS  UNIVERSITY 


OF   THE 


TTIE  WEEKS  COLnJECTION 


3L 


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Carolina  Collection  (in  Wilson  Library)  for  renewal. 


IN   MEMORY 


OF  THE   LATE 


EDWARDWILLIAM  POU. 


PROCEEDINGS  OF  THE  BAR  OF  THE  COUNTY 
OF  JOHNSTON. 


KAI.KICH,    X.  C: 

KKWARTiS    &    HKoIT.HTON.    l*0\Vi;k    I'KINTKRS    AND    niNOKKS. 

iSqj. 


PROCEEDINGS  OF  THE  BAR. 


Al  the  I"\l)ruar\-  Term  of  Johnston  Connty  Snperior 
Court,  his  Honor  Judge  H.  C.  Connor  presidino;,  the  fol- 
lowiut;  proceedings  were  had  in  memory  of  Kdward  Wil- 
liam Por,  a  member  of  said  liar  for  twenty-five  years,  and 
whose  untimely  death  liad  occurred  on  Monday  of  the  pre 
ceding  term,  being  the  i6th  day  of  November,  1891. 

When  Court  adjourned  on  Wednesday  the  17th  day  of 
February,  at  noon,  his  Honor  announced  that  tli  '^'^r■^^rn- 
ment  would  be  until  the  following  morning  out  of  respect 
for  the  memory  of  the  deceased.  At  three  o'clock  on  the 
same  evening,  at  a  meeting  of  the  Bar,  his  Honor  Judge 
Connor  presiding  as  chairman,  Mr.  P.  T.  IMassey  and 
Mr.  L.  R.  Waddell,  a  committee  having  been  previously 
appointed  for  that  purpose,  reported  the  following  resolu- 
tions, which  were  ordered  to  be  spread  upon  the  minutes  of 
the  Court,  and  which  were  adopted  by  a  rising  vote  by  all 
present  : 

WiiEKKAS,  in  the  dispensation  of  Divine  Providence  we 
have  been  sorely  stricken  in  the  death  of  our  esteemed  and 
worthy  brother,  PIdward  W.  Pou,  of  Smithfield,  N.  C, 

AxD  WHEREAS,  we  desire  to  give  expression  to  our  appre- 
ciation of  his  faithful  and  efficient  services  as  an  honored 
and  trusted  member  of  the  legal  profession,  and  of  his  noble 
virtues  in  the  social  and  private  walks  of  life  ;  therefore 

Rcso/z'cd^  That  in  the  sudden  and  unexpected  death  of 
brother  Pou,  w^e  feel  that  the  Bar  of  North  Carolina  and 
the  business  community  generally,  have  lost  one  of  their 
most  useful  and  worthy  members,  and  one  whose  past  ser- 
vices will  long  be  remembered  only  to  be  revered  and  emu- 
lated. 


4  PROCEEDINGS    OF    THE    BAR    OF 

Resolved^  That  the  younger  nieinbers  of  the  Bar  will 
recall  with  pleasure  his  courteous  bearing  to  them  and  the 
delight  it  seemed  to  give  him  to  render  them  assistance, 
and  the  painstaking  aid  he  so  cheerful!}-  bestowed  when 
his  legal  advice  was  solicited:  and  the  older  members  will 
long  remember  his  quiet  and  dignified  demeanor,  his  social 
intercourse,  his  manliness  of  character,  strict  integrity, 
merit  and  worth. 

Resolved^  That  as  a  man  he  was  of  kind  heart,  tender 
sympathies  and  noble  impulses  ;  a  devoted  husband  and 
indulgent  father  ;  a  true  friend  and  one  whose  friendship  was 
valuable  because  it  was  sincere  and  unaffected.  He  leaves 
a  r-  '^'^  .iiie,  a  reputation  unspotted  and  untarnished — a 
priceless  legacy  to  posterity — and  his  example  should  inspire 
those  who  follow  to  higher  aims  and  more  exalted  ends. 

Resolved^  That  in  all  the  trusts  confided  to  him  by  the 
people  he  was  ever  faithful  and  true  to  their  interests,  and 
proved  himself  to  be  a  true  friend  of  liberty  and  the  rights 
of  the  people.  He  was  truly  a  friend  to  the  poor  and  the 
oppressed,  and  was  always  ready  to  extend  his  aid  in  their 
behalf  when  he  believed  their  cause  to  be  just.  He  was  a 
man  of  untiring  industry,  strong  conscientious  convictions, 
and  unfaltering  in  his  determination  to  do  the  right  and 
oppose  wrong  in  all  his  transactions  both  public  and  private. 
Respectfully  submitted, 

P.   T.   MASSEY, 
L.   R.   WADDELL, 

Committee. 


•nil".    CDlXTV    ()!•    JOIIXSTOX. 


REMARKS  OF   HON     F.   H.   BUSBEE. 

The  rcsolulions  luuiti^-  been  read,  Hon.  1^\  II.  I>usbee, 
of  Raleigh,  aro.^e  and  .said  : 

MR.   CHAIRMAN: 

The  reputation  of  a  North  Carolina  lawyer  is  at  best  short- 
lived. While  actively  engaged  in  practice  he  fills  a  com- 
paratively large  space  in  the  limited  field  of  his  labors,  but 
when  the  last  brief  is  laid  aside,  and  "dust  to  dust"  falls 
in  solemn  accents,  his  name  and  his  virtues  soon  fade  from 
the  recollection  of  mankind.  vSo  it  will  be  with  Edward 
W.  Pou,  and  so,  my  brethren,  it  will  be  with  you  and  me. 
To-day,  while  the  dockets  bear  his  name  on  every  page, 
and  the  court-house  seems  dreary  for  the  lack  of  his  cordial 
greeting,  in  accordance  with  the  well-known  custom  of  our 
profes.sion  it  is  well  that  his  brethren  should  lay  aside  the 
contentions  of  the  legal  forum  and  assemble  together  to  do 
honor  to  the  memory  of  their  friend  and  brother. 

It  is  as  far  from  my  intention,  as  it  would  be  foreign  to 
his  inclination,  to  indulge  in  language  of  unmeasured 
panegyric.  Concerning  a  life  like  his,  the  simple  truth  is 
the  most  fitting  eulogy.  It  is  m}-  purpose  to-day  to  pay  a 
brief  tribute  to  the  character  of  a  man  whom  in  life  I  hon- 
ored, and  whose  memory  I  shall  forever  cherish.  ]\Iy  hand- 
clasp of  sympathy  is  at  least  warm  from  the  heart, 

Edward  W.  Pou  was  born  in  Orangeburg,  South  Caro- 
lina, on  October  26th,  1830.  His  father,  Joseph  Pou,  was 
of  French  ancestry,  and  during  his  long  life  of  usefulness 
attained  considerable  distinction  as  a  lawyer.  The  family 
removed  to  Talbotton,  Georgia,  in  the  year  1834,  and  the 
early  life  of  our  friend  was  passed  in  that  State.  At  eigh- 
teen years  of  age  he  entered  the  University  of  Georgia  and 
at  once  gave  evidence  of  his  intellectual  powers.      During 


6  PROCEEDINGS    OF    THE    BAR    OK 

his  whole  college  career  he  took  high  rank  in  that  institu- 
tion, and  graduated  in  185 1  with  the  highest  distinction  of 
his  class.  In  fact,  up  to  that  time  no  student  had  equaled 
his  general  average  in  the  University  classes.  He  always 
retained  his  fondness  for  and  familiarity  with  the  classics. 
Upon  leaving  college  he  married  very  early  in  life,  his  wife 
who  was  Miss  Carter,  of  Talbotton,  living  but  a  short  time. 
Some  years  afterwards,  by  his  happy  marriage  to  Miss 
Annie  M.  Smith,  he  became  parth-  identified  with  North 
Carolina  and  with  Johnston  County.  In  later  years  this 
identification  was  to  become  complete.  Having  obtained  a 
license,  and  recognizing  the  great  promise  of  the  future 
metropolis  of  Georgia,  he  removed  to  Atlanta  to  enter  upon 
the  practice  of  his  profession.  The  clouds  of  war  were 
already  gathering  dark  upon  the  horizon.  His  attachment 
to  the  Union  was  intense,  and  was  the  dominant  influence 
in  his  political  life.  In  the  great  political  campaign  of 
i860  he  gave  his  adhesion  and  his  personal  services  to  the 
cause  of  the  Little  Giant  of  Illinois,  Stephen  A.  Douglas, 
and  Herschel  V.  Johnston,  the  Georgia  candidate  for  Vice- 
President.  He  knew  the  hopelessness  of  the  outlook  and 
felt  the  chill  waters  of  the  rising  tide  of  sectionalism,  but 
he  was  determined  to  go  down  with  the  ship,  and  be  faith- 
ful to  his  convictions  as  long  as  fidelity  to  the  Union  was 
not  want  of  faith  to  Georgia.  But  when  the  inevitable 
issue  came,  and  the  shot  at  Sumpter  called  a  nation  to  arms, 
he  hesitated  not  a  moment.  Among  the  first  to  volunteer, 
he  was  commissioned  as  First  Lieutenant  and  entered  the 
field  with  bright  prospects  of  promotion.  His  army  expe- 
rience was  short.  Stricken  with  disease  at  Yorktown  he 
w^as  compelled  to  abandon  the  life  of  the  camp,  and  after 
that  he  uncomplainingly  gave  his  services  to  the  Confed- 
eracy in  aiding  to  manufacture  the  munitions  of  war. 

In  1867  he  removed  to  North  Carolina,  and,  settling  upon 
the  lands  inherited   by   his  wife,  devoted   his  attention  to 


THK    COrXTV    OK   JOHNSTON.  7 

agriculluro.  In  1S6S  he  was  t-lccled  to  the  House  of  Repre- 
sentatives iVoni  Joliiiston  Connt\-  as  a  Republican.  This 
is  not  the  time  to  characterize  the  profli<;ate  corrnption  of 
the  General  Assembly  of  which  he  was  a  member.  It  is  a 
part  of  the  history  of  the  State  upon  which  no  one  will 
willino;ly  dwell.  It  is  enonj^h  to  say  that  Edward  W.  Pou 
was  found  anion<j  the  ranks  of  the  feuthful  few  who  opposed 
the  extravagant  appropriations  by  every  means  in  their 
power.  As  to  his  ow^i  per  diem,  believing  that  the  amount 
paid  was  excessive,  upon  his  return  to  the  county  he  devo- 
ted a  considerable  part  of  it  to  a  work  of  public  improve- 
ment. The  causeway  across  the  low-grounds  of  Neuse 
river,  affording  the  only  access  to  Smithfield  from  that 
direction  in  high  water,  was  constructed  from  this  money. 
Though  he  had  not  practiced  law  in  the  courts  of  the  State, 
when  the  question  of  the  legality  of  the  issue  of  special 
tax-bonds  was  before  the  Supreme  Court,  he  thought  it  a 
matter  of  public  duty  to  appear  before  that  tribunal  and 
represent  the  cause  of  the  endangered  taxpa)ers.  He  was 
successful  as  to  a  small  portion  of  the  bonds,  and  his  argu- 
ment, which  voices  the  present  settled  policy  of  the  State, 
is  highly  complimented  in  the  opinion  of  the  Court.  This 
was  his  last  important  public  office. 

In  1872  he  warmly  espoused  the  cause  of  the  Liberal 
Republicans,  and  in  the  memorable  Greeley  campaign  he 
was  nominated  by  both  the  Liberal  Republican  and  the 
Democratic  Conventions  as  a  candidate  for  Elector-at-Large, 
and  made  a  partial  canvass  of  the  State. 

For  some  years  after  his  removal  to  North  Carolina  his 
sole  occupation  was  that  of  a  farmer,  and  in  that  great  pro- 
fession, the  foundation  stone  of  the  State's  existence,  he 
attained  much  success.  His  close  identification  with  the 
soil,  which  is  perhaps  more  frequently  the  case  with  North 
Carolina  lawvers  than  with  those  of  anv  other  State,  o-ave 
him  great  familiarity  with  all   the  phases  of  agricultural 


8  PROCEEDINGS    OF    THE    BAR    OF 

questions  when  they  came  before  the  courts.  It  also  inten- 
sified the  love  of  Nature  which  seemed  to  be  interwoven  in 
his  very  constitution.  He  loved  the  solitude  of  unbroken 
woods,  the  sweet  springtime  odor  of  freshly  turned  earth  ; 
the  low  murmur  of  the  river,  the  red  gleam  of  the  cardinal 
bird  among  the  reeds,  the  whistle  of  the  thrush  in  the 
thicket.      He  loved  to  walk 

"Along  gray  roads  that  run  between  deep  woods 
Murmurous  and  cool,  through  hallowed  slopes  of  pine." 

About  the  year  1875  he  began  regularly  the  practice  of 
law  in  the  courts  of  Johnston  County,  and  he  continued 
in  the  labor  of  his  profession  up  to  the  day  of  his  sudden 
death.  Returning  to  the  bar  after  so  long  an  interval,  he 
always  had  a  profound  distrust  of  his  own  abilities,  and 
his  modesty  was  frequently  carried  to  such  an  extreme  that 
it  became  a  fault.  Yet,  moderate  as  was  his  estimate  of 
his  own  powers,  he  was  quick  to  appreciate  and  free  to 
admire  the  abilities  of  others. 

"And  who  could  blame  the  generous  weakness, 
Which,   only  to  thyself  unjust. 
So  overprized  the  worth  of  others 

And  dwarfed  thj'  own  with  self-distrust." 

He  did  not  profess  to  be  a  profound  jurist,  but  he  was  a 
good  lawyer,  a  safe  counsellor.  As  an  advocate  he  had 
considerable  power,  and  some  of  his  arguments  within 
these  walls  were  well  worthy  to  rank  with  those  of  the 
distinguished  lawyers  who  have  adorned  the  history  of  the 
Bar  of  Johnston  County.  Practical,  logical,  earnest,  filled 
with  apt  illustration  and  classical  phrase,  his  arguments 
always  gained  additional  weight  by  the  personality  of  the 
man.  The  jury  always  believed  that  Mr.  Pou  was  saying 
what  he  believed  himself.  Notably,  I  remember  his  con- 
cluding speech  in  the  great  mill  case  of  Sanders  against 
Avera,  which  won  from  a  reluctant  jury  a  verdict  upon  the 
first  issue. 


THE    COINTV    OI"   JoIIXSToX.  9 

All!  when  we  recall  the  incidents  and  j^ersons  connected 
with  that  trial,  we  are  bronj^ht  face  to  face  with  the  brevity 
of  hnnian  life,  the  vanit\-  of  hnman  hopes.  Plaintiff  and 
defendant;  many  of  the  witnesses;  Mr.  Dortch,  the  vener- 
able father  of  the  bar,  whose  nienior}-  we  will  e\er  keep 
green  within  our  heart  of  hearts;  Mr.  Abell,  the  Clerk  of 
the  Conrt  at  that  time;  and  Mr.  Pon — all  have  (^one  before 
into  the  land  of  shadows. 

Of  late  years  it  has  been,  and  is,  a  cheap  and  common 
fashion  in  many  places  to  inculcate  a  prejudice  against 
lawyers.  It  is  such  a  convenient  way  to  play  the  dema- 
gogue, so  easy  to  become  a  stirrer-up  of  strife,  that  many 
there  be  who  in  that  manner  seek  to  attain  a  notoriety 
otherwise  beyond  their  hopes.  I  am  glad  to  say  that  such 
has  not  been  the  case  in  this  county.  The  lawyers  of 
North  Carolina  need  no  defence  at  my  hands.  Bad  men 
among  them  there  doubtless  are;  men  who  cast  discredit 
upon  the  profession  they  disgrace,  and  wdio  are  enabled,  by 
the  very  power  of  the  profession  itself,  to  do  much  harm. 
But  as  a  class,  lawyers  may  safely  challenge  the  verdict  of 
the  history  of  the  State.  They  have  been  in  times  of 
danger  the  foremost  defenders  of  liberty  —  the  faithful 
guardians  of  the  law.  When  the  great  highways  are 
broken  up,  they  constitute  one  of  the  essential,  conserva- 
tive forces  that  give  tone  and  stability  to  the  Common- 
wealth. Over  the  dead  body  of  my  friend,  I  can  safely 
ask  if  any  man  can  point  to  the  evil  he  failed  to  combat, 
to  the  citizen  he  ever  wronged,  to  the  friendless  he  ever 
failed  to  champion,  to  the  falsehood  he  ever  supported?  It 
was  in  the  performance  of  the  daily  duties  of  the  office 
lawyer  that  the  good  qualities  of  Edward  W.  Pou  were 
most  apparent.  His  qualifications  were  his  unswerving 
integrity,  his  devotion  to  his  clients'  interests,  his  caution 
in  giving  advice,  his  correct  knowledge  of  the  statute  and 
common   law,   and  his  thoughtful  industry.      I  think  he 


lO  PROCEEDINGS    OF    THE    BAR    OF 

regarded,  as  I  do,  the  cases  which  he  was  enabled  to  keep  off 
the  docket  as  of  more  credit  to  him  as  a  lawyer  than  those 
he  brought.  He  was  largely  intrusted  with  the  investment 
of  money  for  non-residents,  and  in  that  way  was  often 
enabled  to  be  of  much  service  to  his  people.  As  an  attor- 
ney and  as  a  man,  he  had  the  confidence  of  citizens  and  of 
his  brother  lawyers  in  a  preeminent  degree.  That  eminent 
and  noble  lawyer  of  whom  I  have  already  spoken,  Mr. 
William  T.  Dortch,  often  expressed  to  me  his  high  appre- 
ciation of  the  many  virtues  of  our  dead  friend. 

One  distinguishing  trait  Mr.  Pou  always  exhibited — one  I 
can  recommend  to  your  imitation  as  well  as  my  own — was 
the  great  deference  shown  by  him  to  the  Presiding  Judge. 
Never,  by  an  act  or  word,  did  he  indicate  his  personal  dis- 
satisfaction with  the  ruling  of  the  Court,  but  invariably 
yielded  to  adverse  decisions  with  dignity  and  courtesy. 

And  thus,  in  the  faithful  performance  of  the  duties  of 
his  profession,  passed  the  life  of  an  honest,  tender-hearted 
gentleman,  loved  most  by  those  who  knew  him  best.  Of 
the  sudden  and  terrible  accident  which  terminated  his  life 
I  cannot  trust  myself  to  speak.  His  last  words  were  of 
thoughful  provision  for  the  comfort  of  the  animals  under 
his  charge.  Throughout  his  entire  life  he  never  proved 
unfaithful  to  a  friend  or  false  to  a  principle.  Upon  his 
soul  at  death's  sudden  summons  there  rested  the  calm  that 
of  right  belonged  to  one  who  had  never  knowingly  wronged 
a  fellow-being.  He  felt  an  infinite  charity  for  every  suffer- 
ing heart.     He  believed — 

"That  not  oue  life  shall  be  destroj^ed, 
Or  cast  as  rubbish  to  the  void, 
When  God  has  made  the  pile  complete." 

From  his  youth  he  was  an  unflinching  advocate  of  liberty. 
Fettered  not  by  iron-clad  dogma,  he  accepted  the  sacred 
mystery  of  the  Atonement,  and  reverenced  God  as  the  ten- 
der  Father,  not  as  the  dread  Avenger.      He  was  a  man 


THK    COUNTY    OF   JOIIXSTON.  II 

whom  dninl)  animals  tnistcd,  and  in  wliosr  arms  little 
children  instinctively  clnno;.  In  him  the  weak  always 
found  a  defender,  and  no  friendless  snitor  sono^ht  his  aid 
in  vain. 

The  eommnnilN-  in  whose  midst  his  ni)ris4ht  life  was 
passed  honored  him  with  their  unshaken  confidence,  and 
never  once  was  that  confidence  misplaced. 

This  is  hardly  the  occasion  to  portray  his  beautiful  home- 
life.  .\  husband  who  i^ave  his  helpmeet  perfect  confidence 
and  unfailino-  love;  a  father  devoted  to  his  children,  pre- 
ferring their  advancement  to  his  own;  always  just  and 
always  tender.      And  now  he  rests  forever. 

"The  doubts  we  vainly  seek  to  solve, 

The  truths  we  know  are  one: 
The  known  and  nameless  stars  revolve 

Around  the  Central  Sun. 
And  if  we  reap  as  we  have  sown, 

And  take  the  dole  we  deal, 
The  law  of  pain  is  love  alone, 

The  wounding  is  to  heal." 


LETTER  OF  HON.  HENRY  PERSONS. 

Mr.  L.  R.  Waddell,  by  request,  read  the  following  com- 
munication from  Hon.  Henry  Persons,  of  Talbotton, 
Georgia: 

"I  confidently  believe  that  a  few  lines  from  a  Georgia 
village  in  which  the  late  Edward  William  Pou  passed 
thirty  years  of  the  morning  of  his  life,  and  written  within 
an  easy  stone-throw  of  the  homestead  which  claimed  him 
as  an  inmate  from  letterless  childhood  to  scholarly  man- 
hood, need  importune  no  greeting  from  those  who  have 
met  to  honor  his  memory. 


12  PROCEEDINGS    OF    THE    BAR    OF 

Indeed,  it  seems  to  the  writer  that  a  view  looking  for- 
ward from  his  cradle  and  compassing  the  forraativ^e  period 
of  his  life  career,  and  another  looking  backward  from  his 
grave  and  surveying  the  same  in  its  ample  maturity,  are 
alike  needful  for  a  just  estimate  of  him,  who  in  promise 
and  performance  secured  the  love  of  man}'  and  the  respect 
of  all. 

Edward  William  Pou  was  but  true  to  his  lineage  in 
having  been  fully  honorable,  and  his  eminent  ability  was 
surely  an  inheritance.  His  father  was  thoroughly  sensible 
and  strictly  honest.  He  virtuously  v,  ithstood  countless 
temptations  through  ninety  years,  and  apparently  without 
effort  conserved  an  unsullied  character,  which  was  at  all 
times  above  criticism  and  beyond  vicissitude.  His  mother 
was  easily  first  among  all  her  associates  in  mental  and 
moral  equipment,  and  infinitely  excelled  in  all  those  graces 
and  accomplishments  which  made  her  a  prime  social  force 
and  a  benign  example.  Hers  was,  in  truth,  the  best  type 
of  exalted  womanhood.  From  such  auspicious  parentage 
the  lamented  deceased  had  origin,  and  the  high  expecta- 
tion incident  thereto  never  abated  from  disappointment, 
but  confidently  rose  with  his  successive  achievements. 

His  mind  proved  to  be  both  sagacious  and  truthful,  his 
powers  of  analysis  acute  and  accurate,  his  diligence  unflag- 
ging, his  temper  calm,  and  the  goal  of  his  ambition  was 
excellence  and  not  triumph. 

Whether  at  school  or  college,  he  stood  at  the  head  of 
his  classes,  and  not  even  briefly  did  vexing  problems  con- 
found him  with  mystery.  He  trod  the  arch  of  the  sciences 
with  an  easy  and  uniform  pace,  nor  once  stumbled,  nor 
was  strain  evidenced  by  any  fatigue. 

I  followed  him  at  his  Alma  Matcr^  and  he  had  left  behind 
him  the  reputation  of  having  attained  the  most  thorough 
scholarship  of  any  of  its  long  list  of  graduates. 


TiiK  corxTV  OF  jonxsTON.  13 

lie  was  \ct  nouuil;-  in  professional  life  when  he  (juiUed 
lis  for  his  Carolina  home  land,  alas!  forever),  but  his  eon- 
leniporaries  at  the  bar  even  then  reckoned  him  a  ^ood 
law\cr  and  well  on  the  way  to  certain  distinction. 

His  popularity  was  not  limited  to  ai^e,  or  sex,  or  color, 
but  old  and  \oun.t;,  men  and  women,  wliite  and  color^fd, 
held  him  in  afFectionate  regard. 

He  lacked  no  trait  of  character  that  endeared;  he  pos- 
sessed none  that  estranged;  he  was,  indeed,  a  charming 
companion  and  an  inestimable  friend. 

His  humanity  was  world-wide,  his  charity  boundless  and 
exhanstless,  his  urbanity  perennial — these  won  the  love, 
and  his  bright  intellect  and  his  sturdy  manhood  the  admi- 
ration of  all  whose  fortune  it  was  to  know  him  intimately. 

"Whatsoever  things  are  true,  whatsoever  things  are  hon- 
est, whatsoever  things  are  just,  whatsoever  things  are  pure, 
whatsoever  things  are  lovely,  whatsoever  things  are  of  good 
report''  —  these  things  he  thought  on. 

It  was  the  privilege  of  none,  not  even  one  of  the  num- 
berless friends  of  the  period  of  which  I  write,  to  shed  a 
tear  at  his  funeral,  or  to  drop  a  flower  on  his  grave;  but 
dying  among  a  people  with  whom  he  had  lived  for  nearly 
a  quarter  of  a  century,  perhaps  other  hearts  as  loving  as 
theirs  throbbed  with  pain,  and  they  trustfully  assume  that 
neither  tears  nor  flowers  were  wanting  to  attest  the  worth 

of  the  man. 

HENRY  PERSONS. 
Talhotton,  Georgia. 


14  PROCEKDIXGS    OF   THE    BAR    OF 

REMARKS  OF  MR     L.   R.   WADDELL. 

After  reading  the  communication,  ]\Ir.  Waddell  said: 

MR.    CHAIRMAN: 

It  was  my  privilege  to  know  Edward  W.  Pou  for 
the  last  twenty-five  years  of  his  life.  My  acquaintance 
with  him  began  immediately  after  the  war.  He  had 
removed  from  the  State  of  Georgia  with  his  family,  and 
came  to  Johnston  County  and  settled  on  a  farm  within 
sight  of  the  town  of  Smithfield.  He  opened  a  law  office 
in  the  town  and  carried  on  his  farm  at  the  same  time. 

When  I  first  knew  him  he  was  in  the  prime  of  his  man- 
hood, Nature  had  bestowed  on  him  a  vigorous,  clear  and 
logical  mind,  and  his  conclusions  upon  any  subject  pre- 
sented to  him  were  arrived  at  logically  and  with  great 
accuracy  of  reasoning;  and  when  he  had  satisfied  himself 
that  he  was  right,  whether  on  questions  of  law,  politics  or 
religion,  he  was  tenacious  of  his  opinions;  but  if,  upon 
maturer  reflections  and  better  reasons,  he  found  himself  in 
error,  no  man  yielded  his  opinions  more  promptly  and 
gracefully.  As  a  lawyer,  he  held  a  high  station  at  our  bar, 
arguing  his  cases  with  great  ability,  and  at  no  time 
indulging  in  unseemly  exultation  at  his  triumphs  and  vic- 
tories. He  displayed  all  the  qualities  of  a  refined  and  cul- 
tivated nature;  he  had  read  much  and  remembered  well, 
and  was  at  all  times  the  most  amiable,  genial  and  pleasant 
of  companions;  there  was  no  asperity  or  bitterness  in  his 
soul.  He  loved  Nature,  and  saw  the  beautiful  everywhere, 
especially  did  he  love  his  fellow-man.  I  remember  hearing 
him  repeat,  with  suppressed  emotion  and  with  soft,  earnest, 
pathetic  voice,  this  beautiful  little  poem: 


TIM'   cor.N'rv  oi-  joiiNsrox.  15 

Aliiui    Itfii    Atlhtiii    I  may    his  liil)i'   increase  I, 

Awoke  one   iiiyht   from  a  deep  dream  dI"  ])eace. 

And  saw.   witliin   the  nioonlii^hl   in   his  room, 

M  tkiiii;    it   rieh,    and   liki-  a   litv   in    hloom, 

An   anjijel   writiii.ii   in    a   Ixiok   of  K'>1'1- 

P^xceedini^  jieace   had   made   U-ii    Adhem   hold. 

And   to  ilie  presence  in   the  room  he  saiil, 
■'What   wrilest  then"?.     Tlie  visit)n   raised  its  heail 

And  with  a  look   made  of  all  sweet  accord, 

Anskvered,    "The  names  of  those  who  love  the  Lord." 
"And   is  mine  one?"   said   Abon.      "  Xay,    not  so," 

Replieil  the  anj^el.      Abou  spoke  more  low. 

But  cheerily  still,  and  said,    "  I  pray  thee  then 

Write  me  as  one  who  loves  his  fellow-men." 

The  angel  wrote  and  vanished.      The  next  night 

It  came  again  with  a  great  wakening  light 

And  showed  the  names  whom  love  of  God  had  blessed  — 

And  lo  I    Hen    .Vdliein's  name  led   all   the  rest. 

I  thoiitrht  then,  and  have  frequently  thought  .since,  liow 
well  the  poet  had  delineated  Edward  W.  Pou  in  the  sen- 
timent of  this  poem;  few  men  possessed  a  higher  classical 
education,  and  few  finer  literary  tastes  —  he  was  the  soul 
of  honesty  and  truth,  and  perfectly  sincere;  his  friend- 
ship was  to  be  hi^^hly  valued,  for  it  was  deep  and  abid- 
ino^.  His  honesty  was  of  that  character  that  would  do 
himself  an  injury  rather  than  another  should  be  sufferer 
from  any  act  of  his.  He  was  a  man  of  the  greatest  purit\' 
of  character  and  morals,  and  the  force  of  his  example  will 
be  long  felt  in  the  community  in  which  he  lived  for  twenty- 
five  years. 

There  has  gone  forth  from  the  members  of  this  Bar  the 
sound,  well-equipped,  honest  lawyer;  from  the  home  and 
social  circle  has  gone  the  high-toned,  amiable,  genial  com- 
panion, the  gentle,  tender,  devoted  husband  and  father; 
and  from  the  public  the  wisest  and  truest  of  advisers  and 
counsellors.  Life  is  a  narrow  strip  between  the  vast  ocean 
of  the  past  and  the  vast  ocean  of  the  future.  We  crowd 
and  press  each  other  on  this  narrow  shoal;  the  dead  are 
buried  bv  the  living,  who  in  their  turn  are  buried  bv   the 


l6  PROCEEDINGS    OF   THE    BAR    OF 

living,  and  what  is  it  all  at  last  with  our  bodies  but  ^' earth 
to  earth,  ashes  to  ashes,  dust  to  dust;"  but  the  true  man, 
the  spirit,  indestructible,  immortal,  untainted,  rises  bri_ohtl\- 
and  gloriously  from  the  body,  and  passes  onward  and 
onward  to  the  light,  meeting  only  and  at  last  in  the  smile 
of  an  approving  God. 


REMARKS  OF   MR.   P.   T.   MASSEY. 

Mr.  p.  T.  Massey  said  : 

MR.   CHAIRMAN: 

A  sense  of  duty  impels  me  to  say  a  few  words  in  support 
of  the  resolutions — not  that  I  consider  them  needful  to  the 
passage  of  the  resolutions,  for  I  take  it  for  granted  that 
nearly  everyone  present,  and  especially  every  member  of 
the  Bar,  knew  Mr.  Pou  sufficiently  well  to  know  that  every 
statement  contained  in  the  resolutions  is  emphatically  true, 
and  they  might  be  expressed  in  much  stronger  terms  than 
set  forth  in  the  resolutions.  I  knew  Mr.  Pou  intimately 
for  twenty-five  years,  and  was  associated  with  him  in 
the  practice  of  the  profession  for  about  fourteen  years, 
and  consequently  I  feel  that  I  knew  the  man  doubtless 
as  well  as  anyone  in  the  community,  save  his  imme- 
diate family,  and  I  have  no  hesitation  in  saying  that  he 
was  by  nature  one  of  the  best  men  I  ever  knew — yes,  I 
may  say  the  best — for  in  all  our  intercourse  and  associa- 
tions together  I  never  heard  him  speak  to  the  detriment  or 
injury  of  a  single  individual  in  any  spirit  of  enmity  or  ill- 
will  toward  that  individual.  Of  course  I  have  heard  him 
speak  of  the  faults  and  shortcomings  of  individuals  wherein 
they  did  wrong,  failed  to  perform  their  promises,  etc.,  but 
it  was  always  in  a  spirit  of  pity  or  sympathy  for  them, 
rather  than  in  any  spirit  of  ill-will  or  unkindness  for  them. 
And  in  all  the  tratisactions  between  Mr.    Pou  and  myself 


■pHlv    CoCNTV    OF    loIINS'POX.  I7 

diiriui^  the  whole  of  our  association  toj^vthor,  tlieiv  was 
iK'xcr  the  least  difTerence  or  unkind  tVelin<i;  between  ns, 
but,  on  the  contrary,  our  relations  were  most  agreeable, 
pleasant  and  niutuallv  confiding  in  each  other.  And  as 
I  have  said  before,  I  will  say  again  now,  that  I  would 
have  trusted  him  further  in  every  particular  than  anv  man 
living  at  the  time  of  his  death.  He  was  one  that  was 
worthy  of  trust  and  that  you  could  rely  upon  to  perform 
the  trust  in  good  faith — as  a  fact  he  was  worthy  of  tlie  most 
responsible  trust  or  position  that  could  have  been  conferred 
upon  liim  and  he  would  have  discharged  the  duties  thereof 
with  the  utmost  fidelity,  and  in  a  manner  that  would  have 
reflected  credit  and  honor  upon  such  position  or  trust. 

As  stated  in  the  resolutions,  he  w'as  unfaltering  in  his 
determination  to  do  what  he  conceived  to  be  right,  while, 
on  the  other  hand,  he  was  just  as  unfaltering  in  his  deter- 
mination to  do  nothing  he  believed  to  be  wrong.  In  fact. 
I  do  not  believe  he  could  have  been  induced  to  do  a  thing 
he  conscientiously  believed  to  be  wrong  under  anv  reason- 
able circumstances.  And  in  the  practice  of  the  profession 
he  always  wanted  to  be  on  the  side  he  believed  to  be  right. 
I  have  often  noticed  him  when  clients  would  come  to  con- 
sult him  about  their  cases.  He  would  first  make  a  strict 
inquiry  as  to  all  the  facts  and  surrounding  circumstances, 
endeavoring  to  have  them  state  the  facts  against  them  as 
well  as  tho.se  in  their  favor,  and  after  a  thorough  investiga- 
tion, if  he  arrived  at  the  conclusion  they  were  in  the  wrong, 
or  their  cause  was  not  strictly  just,  although  the  law  might 
be  to  some  extent  in  their  favor,  if  suit  had  been  brought 
and  then  pending  he  would  advi.se  them  to  settle  the 
matter  by  compromise  or  in  .some  way;  and  if  suit  had  not 
already  been  brought,  he  would  advise  against  bringing 
suit.  Although  he  was  a  lawyer,  he  was  not  a  man  to 
encourage  litigation  unless  it  was  imperatively  neces.sary  to 
enforce  justice  and  equity.     In  fact,  it  was  very  unplea.sant 


1 8  PROCEKDINGS    OF    THE    BAR    OF 

to  him  to  see  strife  and  contention  between  parties,  but  he 
alvvavs  rejoiced  to  see  pleasant  and  friendly  relations  exist- 
ing between  all  mankind.  His  convictions  were  such  that 
he  could  not  work  with  true  eneroy  and  vigor  when  his 
conscience  intimated  to  him  that  the  cause  for  which  he 
was  contending  was  not  strict!)-  just;  but,  on  the  contrar\\ 
when  he  felt  that  the  cause  for  which  he  was  contending 
was  right,  I  never  saw  an  attorney  that  would  exert  him- 
self more,  or  that  was  more  zealous  for  the  success  of  his 
client's  cause  than  he  was.  He  put  liis  whole  soul  and 
strength  in  the  cause,  and  nothing  that  he  could  do,  in  a 
legitimate  way,  was  left  undone.  I  have  often  known  him 
to  go  miles  in  the  country  to  assist  his  client  in  getting  up 
points  of  evidence  to  be  used  in  his  case.  And  at  the  final 
determination  of  the  suit,  if  his  client  was  defeated,  I  have 
often  thought  that  it  really  hurt  him  worse  than  it  did  his 
client,  and  actually,  if  he  had  been  a  man  of  means  and 
felt  able  to  do  so,  I  am  satisfied  he  would  have  paid  the 
costs  himself  rather  than  have  his  client  do  it;  and  although 
he  was  so  much  mortified  at  the  result,  you  never  heard 
him  say  a  harsh  word  against  a  single  individual  concerned 
in  the  case — not  even  a  witness — he  abided  the  result  like 
a  true  philosopher,  or  quietly  took  an  appeal  if  he  saw  hopes 
of  success  in  the  higher  court. 

He  was  a  man  that  intended  to  do  right  toward  all,  and 
to  give  no  one  any  grounds,  not  the  slightest,  to  blame  or 
distrust  him  as  to  any  of  his  dealings  or  transactions.  I 
have  often  heard  him  quote  the  scriptural  injunction, 
"Therefore,  in  all  things  whatsoever  ye  would  that  men 
should  do  to  you  do  ye  even  so  to  them"  ;  and  in  my 
honest  opinion  no  man  ever  carried  out  this  injunction  in 
its  true  spirit  nearer  than  brother  Pou  did.  But  I  have 
often  thought  that  he  carried  it  too  far  —  that  is,  that  he 
would  do  more  in  the  way  of  favors  for  others  than  he 
would  have  permitted  them  to  have  done  for  him   under 


rin-;  corx'i'N    oi'  johnstox.  19 

the  same  or  similar  circumslaiices.  I  could  cite  instances 
where  he  has  paid  money  to  clients  and  others  when  lie 
was  not  lei^all\-  or  moralh'  bonnd  to  pa\'  it,  and  which 
could  not  witli  any  deijree  ol"  reason  have  been  demanded 
by  the  parties  ;  but  rather  than  liave  the  most  remote  ques- 
tion as  to  his  diligence  or  want  of  attention  to  the  matter, 
he  would  pay  it.  I  know  of  some  claims  lie  held  for  col- 
lection just  in  this  situation,  which  he  paid  himself,  and 
wliicli  never  have  been  collected,  and,  in  fact,  never  could 
have  been  collected.  Herein  is  where  I  say  he  went  beyond 
the  injunction  I  have  just  quoted.  He  was  so  constituted 
that  he  could  not  allow  the  least  intimation  of  blame  to  be 
attributed  to  him  about  any  of  his  transactions. 

.Mr.  Chairman,  it  is  with  no  little  degree  of  diffidence 
that  I  have  attempted  to  sa\-  anything  whatever  on  this 
occasion  —  feeling  conscious  of  my  weakness  and  inability 
to  do  justice  to  the  cause — but,  under  the  circumstances,  I 
felt  that  I  could  not  refrain  from  sa\ing  a  few  words  b\' 
way  of  tribute  to  the  memory  of  one  I  admired  so  much 
and  loved  so  well,  and  one  that  had  been  such  a  true  and 
valued  friend  to  me;  and  he  was  not  only  a  friend  to  me 
and  others  individually,  but  he  was  also  a  friend  to 
humanity  generally,  in  upholding  and  maintaining  those 
virtues  which  elevate  and  adorn  society;  in  teaching  them 
lessons  of  industry,  honesty,  integrity  and  fair  and  upright 
dealings  in  all  their  transactions  and  associations.  And 
Mr.  Pou  was  not  only  a  good  man,  as  all  those  best 
acquainted  with  him  will  testif\-,  but  he  was  also  in  reality 
a  great  man  —  not  by  wa\'  of  show  and  demonstration  — 
for  he  was  alwa\s  plain  and  modest  in  all  his  dealings;  but 
he  was  great  in  the  possession  of  those  virtues  which  con- 
stitute true  greatness  —  ever  contending  for  the  right,  with 
kind  and  tender  feelings  for  all,  and  imparting  valuable  and 
useful  information  and  words  of  wisdom  to  all  he  came  in 
contact  or  association  with. 


S&uN-.  ECT 


